Article 6 An application for the establishment of a futures company shall meet the following conditions in addition to those stipulated in Article 16 of the Regulations on the Administration of Futures Trading:

(1) There shall be no less than 65,438+05 persons with futures business qualifications;

(2) There shall be no less than 3 senior managers.

Article 7 To apply for the establishment of a futures company, the shareholders shall be qualified as legal persons in China, and the shareholders holding more than 5% of the shares shall meet the following conditions:

(1) Its paid-in capital and net assets are not less than 30 million yuan, it has been operating normally for more than 2 years, and there are at least 1 fiscal year in the last 2 fiscal years; Or the paid-in capital and net assets are not less than 200 million yuan;

(2) The net assets are not less than 50% of the paid-in capital, or the contingent liabilities are less than 50% of the net assets, and there are no other risks that have a significant uncertain impact on the financial situation;

(3) Accumulated foreign long-term equity investment (including investment in futures companies) shall not exceed its own net assets.

(four) there is no large amount of outstanding debts due;

(5) It has not been subjected to administrative punishment or criminal punishment for serious illegal business operations in the past three years;

(6) It has not been investigated or taken compulsory measures by the competent authority for suspected illegal business operations;

(7) Being a shareholder or actual controller of a financial institution in the last three years, or being a controlling shareholder or actual controller of a listed company, and not abusing shareholders' rights, evading shareholders' obligations and other dishonest acts;

(8) natural person shareholders, legal representatives or senior managers have not been banned from the securities and futures market, or the ban period has expired for more than 2 years; The qualification of a senior manager or practitioner of securities and futures has not been revoked, or it has been more than 2 years since the date of revocation; There are no circumstances listed in the first paragraph of Article 147 of the Company Law;

(9) There are no other circumstances that China Securities Regulatory Commission deems unsuitable for participating in futures companies according to the principle of prudent supervision.

Article 8 The shareholders holding 65,438+0,000% equity in the establishment of a futures company shall have a net capital of not less than 6,543.80 billion yuan, except for meeting the conditions stipulated in Article 7 of these Measures; If the net capital or similar indicators are not applicable to shareholders, the net assets shall not be less than RMB 654.38+0.5 billion.

Article 9 If the total shareholding ratio of the associated shareholders of a futures company reaches 5%, the shareholder with the highest shareholding ratio shall also meet the conditions stipulated in Article 7 of these Measures.

Where the total shareholding ratio of related shareholders of a futures company reaches 65,438+000%, the shareholder with the highest shareholding ratio shall also meet the conditions as stipulated in Article 8 of these Measures.

Article 10 To apply for the establishment of a futures company, the following application materials shall be submitted to the China Securities Regulatory Commission:

(1) An application for the establishment of a futures company;

(2) Draft articles of association;

(3) a business plan;

(four) the list of sponsors and their audit reports;

(five) the list of senior managers and employees to be employed, resumes and relevant qualification certificates;

(6) The text of the proposed futures business system, internal control system and risk management system;

(seven) the site, equipment, capital documents;

(eight) legal opinions issued by the law firm;

(9) Other application materials as stipulated by the China Securities Regulatory Commission.

Article 11 A futures company established in accordance with these Measures shall have the qualification of commodity futures brokerage business; Those who engage in other futures business shall obtain corresponding business qualifications.

Article 12 To apply for the qualification of financial futures brokerage business, a futures company shall meet the following conditions:

(a) the risk supervision indicators for the three months before the date of application have continuously reached the prescribed standards;

(2) Having a sound corporate governance, risk management system and internal control system, which have been effectively implemented.

(3) Conforming to the provisions of the China Securities Regulatory Commission on the safe custody and monitoring of futures deposits;

(4) Having a detailed plan for engaging in financial futures brokerage business.

(5) Its business facilities and technical systems meet the technical specifications for financial futures brokerage business and operate well.

(6) The senior management personnel have not received criminal punishment in the last two years, have received administrative punishment for illegal business operations, have no bad credit records, and are not under investigation by the competent authorities for suspected illegal business operations;

(seven) there is no regulatory measures taken by the China Securities Regulatory Commission and its dispatched offices as stipulated in the second paragraph of Article 59 and Article 60 of the Regulations on the Administration of Futures Trading;

(eight) there is no case of being investigated by the administrative or judicial organs for suspected violation of laws and regulations;

(nine) in the past two years, he has not been subjected to criminal punishment or administrative punishment for illegal business operations. However, if the controlling shareholder or actual controller of the futures company changes, the proportion of senior managers changes by more than 50%, and the senior managers and business leaders who are responsible for the above situation no longer serve in the company, this restriction may not apply;

(10) The net assets of the controlling shareholder shall not be less than 30 million yuan;

(11) The controlling shareholder and actual controller have not been subjected to criminal punishment in the last two years, have not been subjected to administrative punishment for illegal business operation, and are not under investigation by the competent authority for suspected illegal business operation;

(twelve) other conditions stipulated by the China Securities Regulatory Commission in accordance with the principle of prudent supervision.

Article 13 A futures company applying for the qualification of financial futures brokerage business shall submit the following application materials to the China Securities Regulatory Commission:

(1) An application for qualification of financial futures brokerage business;

(2) The business license and a copy of the business license stamped with the official seal of the company;

(3) Resolutions of shareholders, shareholders' meeting or board of directors on futures companies' application for financial futures brokerage business qualifications;

(4) The risk supervision statement of the futures company at the end of 3 months before the date of application, and a written guarantee that the risk supervision indicators for 3 months before the date of application continue to meet the prescribed standards;

(5) Corporate governance, risk management system and internal control system and their implementation reports;

(6) A plan to engage in financial futures brokerage business;

(seven) business facilities and technical system operation report;

(8) A list of senior managers, heads of major departments and employees;

(9) The last 1 annual financial report audited by an accounting firm with securities and futures-related business qualifications; If the application date is in the second half of the year, an audited semi-annual financial report shall also be provided;

(10) The latest financial report of the controlling shareholder audited by an accounting firm with securities and futures related business qualifications;

(eleven) legal opinions issued by the law firm on whether the futures company meets the conditions stipulated in Item (6), Item (8), Item (9) and Item (11) of Article 12 of these Measures, and whether the resolutions of shareholders, shareholders' general meeting or board of directors are legal;

(twelve) other application materials as prescribed by the China Securities Regulatory Commission.

Article 14 A futures company shall be approved by the China Securities Regulatory Commission under any of the following circumstances:

(1) The shareholding ratio of a single shareholder increases to more than 5%, or the total shareholding ratio of related shareholders increases to more than 5%;

(2) Transfer by shareholders who hold more than 5% of shares, or transfer by shareholders who are related and hold more than 5% of shares in total.

Article 15 Where a futures company changes its equity under any of the circumstances listed in Article 14 of these Measures, it shall meet the following conditions:

(1) The equity to be changed has not been sealed up or frozen;

(2) There shall be no cross-shareholding between the futures company and the shareholders, and the futures company shall not provide any form of financial support for the equity transferee;

(3) The shareholders involved meet the conditions stipulated in Articles 7, 8 and 9 of these Measures.